Danny Fabricant v. Federal Election Commission, et al.
JusticiabilityDoctri
Does 52 U.S.C. § 30101's requirement that potential candidates for the House of Representatives report contributions or expenditures before being considered 'Candidates' violate the Constitution's Qualifications Clause?
QUESTION(S) PRESENTED ** 1. Does 52 U.S.C. § 30101's REQUIREMENT, that potential candidates for the House of Representatives report (either) the receipt of more that $5,000 in contributions or expenditures BEFORE they are considered ‘Candidates' by the Federal Election Commission, violate Article 1, § 2, Clause 2 of the Constitution, which only lists three qualifi; cations; none of them monetary? "52 U.S.C. § 30101 Definitions When used in this Act ... (2) The term 'candidate' means an individual who seeks nomination for election or election, to Federal office, and for the purposes of this paragraph, an individual shall be deemed to seek nomination for election or election~ (A) if such individual has received contributions aggregating in excess of $5,000, or has made expenditures aggregating in excess of $5,000; or (B) if such individual has given his or her consent to another person to receive contributions or make expenditures on behalf of such individual and if such person has received contributions aggregating in excess of $5,000 or has made expenditures in excess of $5,000." As amended March 27, 2002, P.L. 107-155 116 Stat. 85 Article 1, § 2, Clause 2 [The 'Qualification Clause'] states; "Qualification of Representatives No person shall be a Répresentative who shall not have attained the Age of twenty-five Years, and have been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitent of that State in which he shall be chosen." [NOTE: Strangely Capitalized words in original.] ak 2. Does 52 U.S.C. § 30110, which, in relevant part, grants 'permission’ to " ... or any individual eligible to vote in any election for the office of President, may institute such actions in the appropriate district court of the United States, including actions for declaratory judgment, as may be appropriate to construe the constitutionality of any provision of this act. ..." violate (separately, as will be explained, post) (1) The Equal Protection Clause of the Constitution and (2) the Article III "standing" or ‘injury' requirement (See also: F.R.Civ.P. 12(h) (3))? ae 3. May a district court impose a 28 U.S.C. § 1915(g) "Strike" on a prisoner who relied in 52 U.S.C. § 30110 statutory authorization to file a lawsuit, as part of an Order dismissing the action? -o0o0i.